kirupa
03-15 04:29 PM
The more the merrier! Just be sure to create a new thread for your second entry :evil:
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gcwanter
07-03 10:09 AM
as far as what i heard from lawyer
the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file
bigger question was ; are these applications actually getting rejected?
it will be good to get some directions from IV core as to what are the pros and cons of this..
the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file
bigger question was ; are these applications actually getting rejected?
it will be good to get some directions from IV core as to what are the pros and cons of this..
kiran24
06-24 02:24 AM
I had a TB test yesterday. Waiting to go to doctor on Monday to get results. Hope I get negative result :eek:
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mvpkreddy
09-20 01:26 PM
Hi,
I just came in yesterday evening and I did not have any problems while entering the country at POE. I applied for I-485 on Aug 17th and left US on 24th. I have a valid VISA stamping till June 2008 but got a different H-1 transfer visa I-797 till jan 2010.
The officer at POE didnt ask me any single Q and he simply let me in with a new I-94 (he noted the new company name on the back of I-94 as usual).
I hope this helps you.
I just came in yesterday evening and I did not have any problems while entering the country at POE. I applied for I-485 on Aug 17th and left US on 24th. I have a valid VISA stamping till June 2008 but got a different H-1 transfer visa I-797 till jan 2010.
The officer at POE didnt ask me any single Q and he simply let me in with a new I-94 (he noted the new company name on the back of I-94 as usual).
I hope this helps you.
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MIKEDAVID
07-29 09:36 PM
Yes, you can.
desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
more...
go_guy123
01-17 12:53 PM
Yall...
Record $14 trillion-plus debt weighs on Congress
Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)
Taught of debating if it is worth to live here more ??
Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )
The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.
I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.
Thanks and Regards -- Green_Always :-)
They will print money....and 'hose" the "dollar" savings of Japan, China etc....
The question should be when is China going to figure out an alternative business model other than depressing currency and exporting to US.
Till that time US can print as much as they want and stick it to the a**es of people who buy us treasuries.
China has nowhere else to go !!!!!
http://www.reuters.com/article/idUSTRE70E0V820110115
Record $14 trillion-plus debt weighs on Congress
Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)
Taught of debating if it is worth to live here more ??
Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )
The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.
I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.
Thanks and Regards -- Green_Always :-)
They will print money....and 'hose" the "dollar" savings of Japan, China etc....
The question should be when is China going to figure out an alternative business model other than depressing currency and exporting to US.
Till that time US can print as much as they want and stick it to the a**es of people who buy us treasuries.
China has nowhere else to go !!!!!
http://www.reuters.com/article/idUSTRE70E0V820110115
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i4u
04-27 10:25 AM
h1bwala, have you reported your employer to the dol for not paying you? you should.
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x1050us
06-15 09:36 PM
That explains. Thanks for the reply
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dealsnet
01-07 09:17 AM
Go to Airport for a defferred inspection. They will correct it. Many people here got it corrected. Don't waste time here for answer thomacha.........
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
more...
alisa
05-04 12:45 AM
The other day, three guys, a Pakistani, an Indian, and a Czech, and one Serb girl (originally from the beautiful city of Belgrade) met the staff of their American lawmakers, to tell them about the problems faced by the EB-immigrant community due to backlogs and insanely low visa numbers for EB-greencards.
You can't get more American than this.
My experience with the meetings with the lawmakers' staff has been very positive. I approached it with nervousness; however, the staff has ALWAYS been extremely polite, sincere and encouraging. They listen to us, and engage in meaningful discussions and question answer sessions with us. Quite often, we are told that this was the first time that our point of view was being told to them. We ask them what advice they have for us. And they all ALWAYS tell us to (a) talk to other lawmakers and (b) call them frequently, as they provide daily totals and tallys on pro-vs-anti calls on different issues to their bosses.
So folks. We still have time. We have a few weeks. Please (a) join together and form state chapters, (b) educate yourself, (c) call the lawmakers offices (d) meet the lawmakers and (e) do all this within the next few days.
Too often we take a fatalistic approach towards issues. Other times, nervousness and fear renders us incapacitated. Be proud of the fact that we are a diverse group of high-skilled immigrants. We are educated professionals. We are doctors, engineers, scientists, and other professionals.
It is our duty, as intelligent and educated professionals, to tell the lawmakers that we are facing problems, and to request them to fix those problems, since they have the power to do so.
You can't get more American than this.
My experience with the meetings with the lawmakers' staff has been very positive. I approached it with nervousness; however, the staff has ALWAYS been extremely polite, sincere and encouraging. They listen to us, and engage in meaningful discussions and question answer sessions with us. Quite often, we are told that this was the first time that our point of view was being told to them. We ask them what advice they have for us. And they all ALWAYS tell us to (a) talk to other lawmakers and (b) call them frequently, as they provide daily totals and tallys on pro-vs-anti calls on different issues to their bosses.
So folks. We still have time. We have a few weeks. Please (a) join together and form state chapters, (b) educate yourself, (c) call the lawmakers offices (d) meet the lawmakers and (e) do all this within the next few days.
Too often we take a fatalistic approach towards issues. Other times, nervousness and fear renders us incapacitated. Be proud of the fact that we are a diverse group of high-skilled immigrants. We are educated professionals. We are doctors, engineers, scientists, and other professionals.
It is our duty, as intelligent and educated professionals, to tell the lawmakers that we are facing problems, and to request them to fix those problems, since they have the power to do so.
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3dy
03-07 02:24 AM
That's the toughest crossed-words game I ever played! :)
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wandmaker
10-01 12:18 PM
I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
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prk_stl
06-30 04:18 PM
Hello,
I have been looking an answer on this forum for the date that we enter for the Question # 11 on the I765 form:
Question: Have you ever before applied for the employment autherization from USCIS?
My question is on the date that we have to enter here:
Should I enter the CARD VALID FROM DATE on my EAD card?
Should I enter the RECEIVED DATE on the I485 receipt?
Should I enter the NOTICE DATE on the I485 receipt?
I looked on this forum, and there is seem to be confusion around this date..can someone please clarify...
Thank you.
I have been looking an answer on this forum for the date that we enter for the Question # 11 on the I765 form:
Question: Have you ever before applied for the employment autherization from USCIS?
My question is on the date that we have to enter here:
Should I enter the CARD VALID FROM DATE on my EAD card?
Should I enter the RECEIVED DATE on the I485 receipt?
Should I enter the NOTICE DATE on the I485 receipt?
I looked on this forum, and there is seem to be confusion around this date..can someone please clarify...
Thank you.
more...
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rameshvaid
05-25 10:20 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
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anyluck?
09-09 08:16 PM
Hi
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?
2) How many weeks will it take under premium processing to get new I94
3) Do they have to apply only after Oct 1.
4) Are there any chances of getting rejected at this stage.
Can any one please suggest.
Thanks
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?
2) How many weeks will it take under premium processing to get new I94
3) Do they have to apply only after Oct 1.
4) Are there any chances of getting rejected at this stage.
Can any one please suggest.
Thanks
more...
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rameshk75
01-26 08:40 PM
I think you have to file in 2 states. Suggest you to consult a tax consultant instead of looking at the IV forums for the answer.
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
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alex99
10-31 04:38 PM
From THE OH LAW FIRM:
USCIS is scheduled to publish a revised regulation tomorrow removing the 485 Original Receipt Notice requirement for the H and L nonimmigrants traveling and returning to the U.S. pending the 485 proceedings
USCIS is scheduled to publish a revised regulation tomorrow removing the 485 Original Receipt Notice requirement for the H and L nonimmigrants traveling and returning to the U.S. pending the 485 proceedings
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kondur_007
08-18 09:58 AM
Here is my opinion:
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
Mogus
09-28 09:50 AM
Thank you very much for all your comments...This information is very helpful for me.:)
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